The immigration attorney Willy Allen categorically stated in an interview with Tania Costa that the Cuban Adjustment Act will not be eliminated in the near future, and that no Cuban with parole, awaiting residency, is obligated to return to the island.
The statement arose in response to a follower identified as Débora Pérez Castro, who asked if Cubans with humanitarian parole awaiting residency would be among those who would have to return to Cuba. Allen's response was emphatic: "No one has to return to Cuba, no one."
The lawyer explained that the Cuban Adjustment Act (CAA, for its acronym in English) holds a higher status than the standard immigration status adjustment process known as Section 245, and its validity does not depend on administrative decisions. "The Cuban Adjustment is superior to the normal 245. The Cuban adjustment, no matter what certain colleagues of mine say they believe will be eliminated or made more difficult. It will be more difficult, yes. But it exists," he noted.
Allen acknowledged that some lawyers in the sector have warned of potential obstacles, but he insisted that the law remains in effect. "Cuban adjustment. Separate law. Independent law. Part of Cuba's democracy law. It's in effect. They are not going to eliminate it in the near future. You will be legalized as a Cuban here in the United States," he stated.
His words come at a time of great uncertainty, fueled by statements from former Cuban-American Democratic Congressman Joe García, who circulated the figure of more than 500,000 Cubans as part of an alleged repatriation negotiation between Washington and Havana, with no official confirmation from either government.
The Cuban Adjustment Act, approved by the United States Congress on November 2, 1966, and signed by President Lyndon B. Johnson, cannot be repealed by presidential executive order: its elimination requires legislative action from Congress.
In the same program, Allen addressed the situation of the "pause" in the processing of immigration cases, which affects thousands of Cubans waiting for residency. "The pause continues, but I hope that it is now in its final stage," he said, acknowledging that he had five days left for his prediction that it would lift before the end of May to come true.
It also addressed the case of Yadier Morris, who has been waiting for his residency for two years and six months with fingerprints taken twice. Allen indicated that his situation could be ready for a legal action (Mandamus) to compel a decision from the immigration authorities.
For those enduring the wait with anxiety, the lawyer delivered a direct message: "You don’t have to return to Cuba. You will get legal here. Take a deep breath." Regarding the possibility of the pause being lifted before the end of the month, his stance was brief but firm: "Hope always continues."
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